coaster
Senior Advisor
Cash: $ 1357.80
Posts: 6686
Joined: 11 Oct 2005
Location: Wisconsin
|
OK, looks like you've done your research. Go for it!! 
~Tim~
Eye Candy : Why Whimsy
|
Tue Aug 16, 2011 4:37 pm |
|
|
oedipus
Member
Cash: $ 2.75
Posts: 13
Joined: 15 Jun 2011
Location: PA
|
Well, it seems 30 days is the magic number.
My complaint to both the firm and FINRA was on July 22, 2011.
Their response was dated August 23, 2011.
I received Janney's response letter this past Friday 8/26/11.
But the response letter just states that they have received my complaint and someone from their legal department will be contacting me in regarding the results of their review/investigation.
That's it.
What suggestions do you have in talking to their legal representative?
What questions do i answer or not answer. I know their legal rep is trying to cover their ass and my sister's actions.
I'm going to tell my truth but everyone knows how lawyers work.
Again, this is just a complaint and not a lawsuit.
|
|
Sun Aug 28, 2011 1:35 pm |
|
|
coaster
Senior Advisor
Cash: $ 1357.80
Posts: 6686
Joined: 11 Oct 2005
Location: Wisconsin
|
The securities lawyer you talked to earlier ... did you retain him/her as counsel? Direct their lawyer to talk to your lawyer. Otherwise I'd suggest that you just listen to what they have to say but admit nothing and agree to nothing other than acknowledge you've received their response. (Basically that's exactly what they're doing) Remember "anything you say may be used against you." Even if you haven't retained counsel maybe your response could be something like "I need time to run this past my lawyer and review my options").
Is there something on the FINRA site about how to handle broker complaint response?
Thanks again for the continuing update.
~Tim~
Eye Candy : Why Whimsy
|
|
Sun Aug 28, 2011 5:22 pm |
|
|
oedipus
Member
Cash: $ 2.75
Posts: 13
Joined: 15 Jun 2011
Location: PA
|
"The securities lawyer you talked to earlier ... did you retain him/her as counsel?" - No, he provided me with free initial consultation and was honest to tell me it would cost more to paying his fees than to recover any loss from Janney.
FINRA provided me with a brochure - reading it now but do not see anything about handling complaint responses.
I have a lawyer friend who has been giving me advice though her specialty is not in securities. I will seek her counsel.
|
|
Sun Aug 28, 2011 9:44 pm |
|
|
coaster
Senior Advisor
Cash: $ 1357.80
Posts: 6686
Joined: 11 Oct 2005
Location: Wisconsin
|
Ya, sounds like a good idea. She can at least advise what not to say.
Good luck.
May justice prevail!! 
~Tim~
Eye Candy : Why Whimsy
|
|
Mon Aug 29, 2011 1:36 am |
|
|
oedipus
Member
Cash: $ 2.75
Posts: 13
Joined: 15 Jun 2011
Location: PA
|
|
 |
|
Well, I got a response letter from Janney Legal ..... basically they are denying any and all wrongdoings. Without getting into details, they are bunch of corporate lawyers defending their firm and their staff - against little-ole me.
In 2 paragraphs, they are saying my dispute is a private matter between my sister and I and that I should not have involved the firm nor with FINRA.
They are implying that I had a falling out with my sister and I am using this complaint to get even.
But their response is so far from the truth. The falling out was the reverse. I discovered the Transaction Confirmation Statements this past June and the falling out + the complaint came after.
They ended their letter by saying if I continue with this complaint and if I involve any regulatory agencies, in a nutshell, they will sue me.
Well, the good news is, FINRA contacted me last Friday. They read my complaint and reviewed the 100+ pages of transaction statements I had sent them - they want to investigate. FINRA gets many complaints and many of which are dismissed because of unhappy or unsatisfied customers that have no actual misconduct charges against the firm or their advisor.
They feel I may have a case but will need to investigate.
FINRA will keep me abreast.
I'm spending the time now (with some help from friends) to put letter #2 together to rebute their response.
|
|
Tue Sep 06, 2011 6:22 pm |
|
|
coaster
Senior Advisor
Cash: $ 1357.80
Posts: 6686
Joined: 11 Oct 2005
Location: Wisconsin
|
Honestly, if I use the words to describe how I feel about those turds (I actually did type most of them, then realized they are probably monitoring this thread); if I described them in those words, they'd probably sue me, too, if they could find me.
My sense is they're trying to scare you off; which is an ill-advised and unsupportable legal tactic in your case; they know it and they hope you don't.
I wish you the best. You are a brave person to proceed. And may you prevail.
PS: make sure that FINRA is aware that they're threatening to sue you. Send a copy of their response to FINRA. They are totally messing with FINRA's purpose, and FINRA's not going to be too happy about that.
~Tim~
Eye Candy : Why Whimsy
|
|
Wed Sep 07, 2011 4:42 am |
|
|
yingxuy
New Member
Cash: $ 0.60
Posts: 3
Joined: 05 Dec 2011
|
I recommend sticking with the applicability and fiduciary issues. I do not think the "de facto control" will fly, because you said she was the line for each industry. Do not even deal with her boss. He / she is part of the problem.
Wedding Cufflinks
|
|
Tue Dec 06, 2011 2:23 am |
|
|
|
